The Standard of Culpability in Section 1983 and Bivens Actions: The Prima Facie Case, Qualified Immunity and the Constitution
Year: 1983
Type: article
Abstract: 1. Other statutes that afford redress for unconstitutional conduct include 18 U.S.C. § 241 (1976) (criminal action for conspiracy to interfere with constitutional rights); 18 U.S.C. § 242 (1976) (criminal action for willful deprivation of constitutional rights under color of law); 18 U.S.C. § § 2510-2520 (1976 & Supp.III 1979) (civil and criminal actions for improper interception, use or disclosure of wire or oral communications); 42 U.S.C. § 1981 (1976) (civil action for interference with equal rights under law); 42 U.S.C. § 1982 (1976) (civil action for interference with property rights of citizens); 42 U.S.C. § 1985 (Supp.IV 1980) (civil action for conspiracy to interfere with civil rights); 42 U.S.C. § 1986 (1976) (civil action for failure to prevent conspiracy to interfere with civil rights); 42 U.S.C. § § 1997-1997j (Supp.IV 1980) (civil action for equitable relief for "egregious or flagrant conditions" depriving institutionalized persons of constitutional rights "pursuant to a pattern or practice of resistance to the full enjoyment of such rights," id.§ 1997a(a)); 50 U.S.C. § § 1801-1811 (1981) (civil and criminal actions for improper electronic surveillance).Conduct that contravenes federal constitutional rights may also violate state law, giving rise to a cause of action under state tort law or the Federal Tort Claims Act, ch.753, tit.IV, 60 Stat.842 (1946) (codified as amended in scattered sections of 28 U.S.C.).Furthermore, state constitutional law may extend greater protection to individual rights than the federal constitution.See Sterling v. Cupp, 290 Or. 611, 625 P.2d 123 (1981); Brennan, State Constitutions and the Protection of Individual Rights, 90 HARV.L. REv.489 (1977); Linde, First 17. 42 U.S.C. § 1985(3) (Supp.IV 1980), however, does provide a civil remedy against private persons who, acting with some racial or other "class-based, invidiously discriminatory animus," conspire to deprive an individual of constitutional rights.Griffin v. Breckenridge, 403 U.S. 88, 102 (1971).18 U.S.C. § 241 (1976) establishes criminal penalties for private conspiracies to violate constitutional rights.See United States v. Guest, 383 U.S. 745 (1966).18.The Supreme Court, in Monroe v. Pape, 365 U.S. 167 (1961), identified three principal aims of § 1983: (1) overriding unconstitutional state laws, see id. at 173, (2) providing a remedy where state law was inadequate to protect constitutional rights, see id. at 173-74, and (3) providing a federal remedy where state law was adequate, in theory, to guarantee federal rights but was not available in practice because of the failure of state officials to enforce those laws, see id. at 174-75.The Monroe Court did not specifically address whether § 1983 would be available where state law was sufficient both in theory and in practice.The Supreme Court, however, recently affirmed that regardless of the adequacy of state administrative remedies, exhaustion of such remedies is not a prerequisite to an action under § 1983.See Patsy v. Board of Regents, 102 S. Ct. 2557 (1982).But see Fair Assessment in Real Estate Ass'n, Inc. v. McNary, 454 U.S. 100, 116 (1981) (principle of comity bars § 1983 actions in federal courts alleging the invalidity of state tax systems, provided that state remedies are "plain, adequate, and complete").19.See supra note 2. In addition to providing a remedy for constitutional violations, § 1983 imposes liability on persons acting under color of state law who violate rights protected by a federal statute, whether or not the statute concerns civil rights or equal protection.See Maine v. Thiboutot, 448 U.S. 1 (1980).However, § 1983 will not support a cause of action to redress violation of a federal statute by state officials where (1) the statute does not create enforceable rights under § 1983, or (2) Congress intended to foreclose enforcement of the statute through § 1983.See Middlesex County Sewerage Auth.v. National Sea Clammers Ass'n, 453 U.S. 1 (1981); Pennhurst State School and Hosp.v. Halderman.451 U.S. 1 (1981).20.Although a judgment under § 1983 is enforceable against the individual official, many state and local governments indemnify their employees against such liability.See, e.g.,
Source: bepress Legal Repository
Author: Gary S. Gildin
Language: English
Topic: Law, Rights, and Freedoms
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W3121398648